State Treasurer v. Weeks
Supreme Court of Vermont
This was an action on the case, brought against the defendant as sheriff of the county of Franklin, to recover damages for his suffering one Sbiveric Holmes, a former sheriff, to escape, when in prison on an extent for taxes, issued by said treasurer. The declaration set forth two taxes, assessed in two different years, alleging them to have been assessed by the legislature.
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This was an action on the case, brought against the defendant as sheriff of the county of Franklin, to recover damages for his suffering one Sbiveric Holmes, a former sheriff, to escape, when in prison on an extent for taxes, issued by said treasurer. The declaration set forth two taxes, assessed in two different years, alleging them to have been assessed by the legislature. It also set up a claim against Holmes for neglecting to collect of John H. Burton, constable of St. Albans, an extent against him for a portion of one of said taxes ; and a claim for not executing an extent against Amos…
1Opinion of the Court
Hutchinson, C. J.,
pronounced the opinion of the Court.The plea of the statute of limitations, to which the plaintiff demurred, was overruled by the county court. The demand appeared to have lain sufficiently long to be barred, if comprised within the statute. But we consider the statute barring civil actions, applicable only to suits between individuals. The state is not named as being bound by it. The sections, which provide a bar to prosecutions for crimes, are made to bar the state, because the state is prosecutor. Certain qui tarn actions are barred by the first section of the statute,…
2Cited by4 opinions
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- Doe ex dem. Kennedy's Executors v. Townsley's HeirsSupreme Court of Alabama · 1849
- Calhoun v. City of SeattleDistrict Court, W.D. Washington · 1914
- Sheldon v. UphamSupreme Court of Rhode Island · 1884